Faculty Bibliography
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The development and use of contracts of adhesion represents one facet of the domination of the modern economy by business organizations. Firms create standard form contracts in part to stabilize their external market relationships, and in part to serve the needs of a hierarchical and internally segmented structure. Adherents' responses to contracts of adhesion are intelligible only within this institutional context. Each dimension of the problem will be examined in turn.
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Presenting theories about why humankind, despite its efforts for peace, is in a perpetual state of conflict, the members of the Stanford Center on Conflict and Negotiation consider the obstacles to and processes for harmonious communication.
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The O. J. Simpson case is likely to bring about changes in court procedures, particularly in regard to televised trials. Trials and judges are advised to adjust to technology, not to fend it off.
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Ronald J. Gilson & Robert H. Mnookin, Foreword: Business Lawyers and Value Creation for Clients, 74 Or. L. Rev. 1 (1995) (Symposium on Business Lawyering and Value Creation for Clients).
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This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.
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In family life, schools, law, the business world and domestic and international affairs, it is all too common for disputes to fester unresolved even when the parties are committed to a negotiated settlement. In this book, members and associates of the Stanford Center on Conflict and Negotiation address the complex issues that protract disputes and turn potentially successful negotiations into conflicts that leave everyone worse off. Drawing on disciplines such as economics, cognitive psychology, statistics and game theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, union/managerial disputes, environmental treaty-making and politics. It examines issues such as whether it pays for parties to a dispute to co-operate and how third-party negotiators can further resolutions.
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Catharine A. MacKinnon, Pornography Left and Right, 30 Harv. C.R.-C.L. L. Rev. 143 (1995).
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Some twenty-five years ago a trial court in Virginia upheld the state ban on interracial marriage, reasoning that God created different races and, accordingly, that it was natural to maintain racial purity, and unnatural to engage in racial mixing. 1 At that time, many other state laws banned both interracial marriage and transracial adoption. In Loving v. Virginia, 2 the United States Supreme Court struck down the Virginia antimiscegenation law, reversing the trial court's decision and holding that it was unconstitutional for states to mandate racial separatism in the family. Later, in Palmore v. Sidoti, 3 the Court ruled that it was unconstitutional to transfer custody of a white child from mother to father solely because the mother was living with a black man. While the Court acknowledged that it might not be in the child's best interests to live in a transracial family, it held that the equal protection doctrine prevented consideration of the race of a potential parent in making custody decisions. In the 1960s and 1970s, the courts in this country outlawed formal state bans on transracial adoption, finding them similarly inconsistent with the equal protection doctrine. There has been a similar development in South Africa today, where the ban on transracial adoption has just recently been lifted as part of the move to abolish apartheid. But in the United States a strange thing happened in 1972. The National Black Social Workers Association (NABSW) issued a statement calling for a new ban on transracial adoption.
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Kathryn E. Spier & David E. Weinstein, Retaliatory Mechanisms for Eliminating Trade Barriers: Aggressive Unilateralism vs. GATT Cooperation, in Imperfect Competition in International Trade 231 (Winston W. Chang & Seiichi Katayama eds., 1995).
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The lack of effective mechanisms for the enforcement of international treaty obligations has become a major obstacle to the success of the General Agreement on Tariffs and Trade (GATT). While multilateral trade negotiations have reduced tariff levels to historic lows, nontariff barriers (NTBs) have emerged as one of the major impediments to trade flows. Since NTBs often vary in form across countries and products, adjudicating an alleged violation of a GATT obligation is often a long and difficult process. The GATT’s virtual inability to enforce sanctions against those countries that violate GATT obligations has resulted in laws, such as section 301 of the Omnibus Trade Act of 1988, that permit unilateral retaliation as a means of resolving these disputes.
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Chapter based on a paper presented at the Amherst College conference, "Paradoxes of Rights," (Nov. 6-8, 1992).
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"A service in celebration of the life of Samuel Edmund Thorne, Charles Stebbins Fairchild Professor of Legal History, Emeritus, 14 October 1907-7 April 1994, The Memorial Church, Harvard University, Wednesday, May 18, 1994"
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From Dan Quayle to Bill Clinton, Americans are increasingly alarmed by the crisis of values in our society. What are the roots of the crisis? What can be done to solve it? Putting aside the sterile, old categories of liberal versus conservative, this book forcefully argues for a new approach to social problems - an approach based on rediscovering civic virtue and strengthening the institutions of civil society. Bringing together prominent contributors from across the human sciences and across the political spectrum, Seedbeds of Virtue is a seminal contribution to the emerging debate on rebuilding civil society.
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Secret Agents gives new resonance to a history we have for too long been willing to forget.
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Presents a biography of every Supreme Court justice from John Jay to Elena Kagan, profiling the main realm of each judge's jurisprudence, the major cases in his or her tenure, and relationships developed with other members of the Court.
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Hal S. Scott, The Competitive Implications of the Basle Accord, 39 St. Louis U. L.J. 885 (1995).
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This book examines a key question of modern Japanese politics: why the Meiji oligarchs were unable to design institutions capable of protecting their power. The authors question why the oligarchs chose the political institutions they did, and what the consequences of those choices were for Japan's political competition, economic development, and diplomatic relations. Indeed, they argue, it was the oligarchs' very inability to agree among themselves on how to rule that prompted them to cut the military loose from civilian control--a decision that was to have disastrous consequences not only for Japan but for the rest of the world. Paperback edition, with corrections, 1998. Awarded Luebbert Award, for best book in Comparative Politics, American Political Science Association. Translated and republished as: Nihon seiji to goriteki sentaku [Japanese Politics and Rational Choice] (Tokyo: Keiso shobo, 2006).
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Mark Tushnet, Themes in Warren Court Biographies, 70 N.Y.U. L. Rev. 748 (1995).
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" This ambitious, pioneering work makes available a wealth of new material.
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Catharine A. MacKinnon, Vindication and Resistance: A Response to the Carnegie Mellon Study of Pornography in Cyberspace, 83 Geo. L.J. 1959 (1995).
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The problem of establishing the amount of losses covered by public and private insurance is often characterized by asymmetric information, in which the claimant already knows the extent of a loss but this can be demonstrated to the insurer only at a cost. It is shown that a simple arrangement, which provides greater coverage whenever individuals demonstrate unusually high losses, gives claimants an excessive incentive to establish the amount of their losses. This paper determines what insurance claims process, consistent with the form typically employed in existing insurance arrangements, is optimal.
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Taxation and risk taking are examined in a general equilibrium model that incorporates uncertain government revenue in a nonrestrictive manner and allows the government to influence its revenue through portfolio investments as well as through tax policy. It is demonstrated that each of a wide range of taxes can be decomposed into some combination of a wage tax, an ex ante wealth tax, and a modification of the government's investment portfolio. For example, a tax on investment returns (from risky and riskless assets) is equivalent, with an adjustment in the government's portfolio, to a tax on the riskless component of investment returns or to an ex ante wealth tax -- both of which absorb no private risk and yield certain revenue. The concept of equivalence employed is strong: two regimes are equivalent if, for each state of nature, individuals' wealth and government revenue are the same under both regimes and total investment in each asset is the same. Implications for behavior (private and total risk taking) and welfare are immediate. Moreover, these results are independent of the government's objective function, the manner in which individual utility depends on government expenditures, and some of the restrictive assumptions found necessary in previous treatments of the problem.